✦ High Court of India · 09 Apr 2025

High Court · 2025

Case Details High Court of India · 09 Apr 2025
Court
High Court of India
Decided
09 Apr 2025
Bench
Not available
Length
1,230 words

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Drrection, more pa(icularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 4 and 5 in not considering the F-Line Application of the petitioner vide Application No DER022401067524 dated 17 06.2024 for con{ucting the survey, demarcation and fixing of boundaries in respect of petitioner s agricultural land admeasuring Ac.2.18 Guntas in Sy.No. 2948/2 situated at Husnabad village, Husnabad Mandal, Siddipet District as being illegal, arbitrary and contrary to the provisions of the Telangana State Survey and Boundaries Act, 1923, con$equently direct the respondents No.4 and 5 to conduct survey, demarcate and fix the bounlaries in respect of petitioner s agricultural land admeasuring Ac.2.18 Guntas in Sy.No. 2948/2 situated at Husnabad village, Husnabad Mandal, Siddipet District. .; lA NO: 1 OF 2025 Petition und,:r Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court rray be pleased to direct the respondents Nc 4 and 5 to act upon the F-Line App ication of the petitioner vide Application No. DER022401067524 dated 17.06.202:4 fot conducting the survey, demarcation and fixing of boundaries in respect of petitioner s agricultural land admeasuring ,\c.2.'lB Guntas in Sy.No. 2948/2 si-tuatr:d at Husnabad village, Husnabad Mandal, Siddipet District pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI ALLURI DIVAKAR REDDY Counsel for the Respondents: SRI L.TAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1O621 of 2o.25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated

17.06.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent ofAcs.2.18 guntas in Sy.No.294B/2, situated at Husnabad Village and Mandal, Siddipet District, as illegal, arbitrary and contrary to the provisions of the Telangana Survey and Boundaries Act, lg23 and consequently, praycd for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Acs.2.18 guntas in Sy.No.2948/2, situated at Husnabad Village and Mandal, Siddipet District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T1008004I23O uide Khata No.27O5 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 202O. It is further stated that when some of the neighbouring land owners have startcd disturbing the boundaries of the subject land, the petitioaer had submitted F-Line application, dated 17.06.2024 to .L.- 2 '*,p. CVBR, J tool 2025 i;. respondent Nos.4 and 5. by paying requisite fee to ,;onduct survey ofthc subject land and fix the boundaries. The g:ievance of the petitioner is th,rt even after receiving the said F-Line application, the respondent authorities are not conducting surve'y' and fi-xation of thc boundarres.

3. Considercd Lhe submissions of the learned oc)unsel for the pe[itioner and iearncd Assistant Government Pleader for Reve.nue appearing for he respondents and with their colrsent this writ petitior-r is disposcd of at the admission stage.

4. Learnccl r:oitnsel lor the petitioner has subnrittcd that in terms of the circular issued by the Commissioner, Survey, Settlements ard Lancl Records, the respondents are bound to conside r the e: pplir:atior-r within 45 days from tLLe date of the application afLcr collecting necessary charges.

5. Sri L.Rar'1nder, Iearned Assistant Governme nt Pleader for Revenue appearing for the respondents has subnritted that the respondent aulhorttics will consider the afcr,:said F Linc application sub mittr:d b)' the petitioner by following clue procedure Iaid down nncler lzrw and conduct survey and demarcate the subjcct land b1. fixing boundaries. 3 CVBR, J Wp-10621_2025

6. It is settled 1aw that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, Lg23, and the Rules framed thereunder.-The Government has issued various circulars specifyrng the conditions for conducting surveys, particularly F,Line (lield measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are futfi11ed, the survey and boundary fixation may be conducted. The Commissioner, Survey, Settlcments and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No.Nl/6543/99, dated 25.O7.2OO7, Rc.No.N1/ \4Oa/ 07, dated 73.O7.2OO7, and Rc.No.N2/ 174l. /2O1O, dated 18.05.201O stipuiating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispoSe of this writ petition directing respondents : I , I I CVBR. J \Vp_I0621 2025 Nos.4 and 5 tcr examine the petrtioner's F-Line appl^rcation uide No.DtrR0224O 1t)67524, dated 17 .06.2024 submittecl for conducting sur.rel' and demarcation by fixing boundary stones to the petitioner':; land to an extent of Acs.2.18, guntas in Sy.No.2948/2, situated at Husnabad Village and Mzrndal, Siddipet District and if the petitioner fulfils all the conditions; mentioned in the circulars issued by the Commissioner, Survey, S,--ttlements and Land Records from time to time, after issuing nolir;es to all the persons inleresled and adjacent pattadars and after considering their objections, respondent Nos.4 and 5 sha1l con,lucl survey of the aforesaid la,-rd, within a period of eight (8) week,. l'rom the date of receipt of a cr rpy of this order.

8. With the :rbove observations, this Writ Petition is disposed of There shall bc no order as to costs 9 As a seqrrel, rhe miscellaneous petitions perLcting, if any, shall stand clos,:d //TRUE COPY// SD/.S. MALLIKARJUfi A RAO ASSISTANT REGISTRAR \' \ SECTION OFFICER To 1 The Principal Secretary, Revenue Department, Secretariat, Hyderabad' State of Telanqana The Disfict Collector, Siddipet District. Th; R;";;G Divisional Officer, Husnabad Mandal, Siddipet District The Tahsildhar, Husnabad lVlandal, Siddipet Districl ffre fvflnajt surveyor, Husnabad trlandal, Siddipet Dislrict' onL cc to SNI AL1URI DIVAKAR REDDY, RdVOCAIE^ ICIFU9] i*o ccriJc;p FoR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies 2 J 4 5 6 7 B PSK. BS I HIGH COURT DATED:0910412025 ORDER WP.No.10621 of 2025 t oR 1Fi F- S 14 r€ ( QA .J Cl L) 1t Apfr ZW (\ Dz .t pf,9 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\

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